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Perdue, Bev. Executive Order No. 081: Improving the Environment While Protecting Small Business and Industry fromUnnecessary Costs fromGreenhouse Gas Permitting

BEVERLY EAVES PERDUE
GOVERNOR
EXECUTIVE ORDER NO. 81
IMPROVING THE ENVIRONMENT WHILE PROTECTING SMALL BUSINESS AND
INDUSTRY FROM UNNECESSARY COSTS FROM GREENHOUSE GAS PERMITTING
WHEREAS, on January 2, 2011, the first U.S. Environmental Protection Agency (EPA)
regulations addressing greenhouse gas (GHG) emissions under the Clean Air Act took effect
nationwide; and
WHEREAS, to avoid a harsh result on small businesses and industry, EPA "tailored" the
federal greenhouse gas program to limit the impact of the new permitting requirements to large
industrial sources, thereby shielding millions of small businesses from GHG permitting
requirements and avoiding more than $54 billion in additional costs for those small businesses
nationally; and
WHEREAS, North Carolina businesses should have the benefit of the federal GHG
thresholds that limit the impact of new greenhouse gas permitting requirements to the largest
industrial sources; and
WHEREAS, the North Carolina Environmental Management Commission adopted a
tailoring rule designed to protect North Carolina's small businesses by raising the permitting
threshold under the state air quality program to require permits only for large greenhouse gas
sources that are required to have a permit under the federal rule; and
WHEREAS, the Rules Review Commission approved this proposed state tailoring rule,
but approximately 18 citizens subsequently filed letters objecting to that rule; and
WHEREAS, under laws adopted by the General Assembly, the filing of these letters of
objection had the effect of prohibiting the implementation of the state tailoring rule until the
General Assembly has had an opportunity to evaluate the merits of that rule; and
WHEREAS, North Carolina General Statute§ 150B-21.3(c) empowers the Governor to
adopt an executive order providing for the immediate implementation of a rule to which
objections have been filed when the Governor determines that immediate implementation of the
rule is necessary to protect the public health, safety or welfare; and

BEVERLY EAVES PERDUE
GOVERNOR
EXECUTIVE ORDER NO. 81
IMPROVING THE ENVIRONMENT WHILE PROTECTING SMALL BUSINESS AND
INDUSTRY FROM UNNECESSARY COSTS FROM GREENHOUSE GAS PERMITTING
WHEREAS, on January 2, 2011, the first U.S. Environmental Protection Agency (EPA)
regulations addressing greenhouse gas (GHG) emissions under the Clean Air Act took effect
nationwide; and
WHEREAS, to avoid a harsh result on small businesses and industry, EPA "tailored" the
federal greenhouse gas program to limit the impact of the new permitting requirements to large
industrial sources, thereby shielding millions of small businesses from GHG permitting
requirements and avoiding more than $54 billion in additional costs for those small businesses
nationally; and
WHEREAS, North Carolina businesses should have the benefit of the federal GHG
thresholds that limit the impact of new greenhouse gas permitting requirements to the largest
industrial sources; and
WHEREAS, the North Carolina Environmental Management Commission adopted a
tailoring rule designed to protect North Carolina's small businesses by raising the permitting
threshold under the state air quality program to require permits only for large greenhouse gas
sources that are required to have a permit under the federal rule; and
WHEREAS, the Rules Review Commission approved this proposed state tailoring rule,
but approximately 18 citizens subsequently filed letters objecting to that rule; and
WHEREAS, under laws adopted by the General Assembly, the filing of these letters of
objection had the effect of prohibiting the implementation of the state tailoring rule until the
General Assembly has had an opportunity to evaluate the merits of that rule; and
WHEREAS, North Carolina General Statute§ 150B-21.3(c) empowers the Governor to
adopt an executive order providing for the immediate implementation of a rule to which
objections have been filed when the Governor determines that immediate implementation of the
rule is necessary to protect the public health, safety or welfare; and